20 November 2008

Issue: 7346 / Categories: Features , Family , Ancillary relief

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Deal or no deal?

© Copyright LexisNexis 2026. All Rights Reserved.

Jonathan Herring discusses enforcing

As the family lawyer trudges home after many hours of work his heart is slightly lighter because the day involved a sensible negotiated settlement of a complex case. There were handshakes all round, and although no one was delighted, or even happy, there was a sense of relief that a deal had been struck that was just about acceptable to everyone. But our lawyer’s lightness of heart may be forgotten the next morning when greeted by news that the other side has decided to pull out of the agreement. Inevitably the client will want to know: are they allowed just to pull out of the agreement having shaken hands on it?

Consent orders
Well, yes, is the answer. Until the court makes a consent order, the agreement of the parties is not legally binding. That is why it is sensible to get a consent order made as soon as possible after the agreement has been reached. A judge might be persuaded that if a party pulls out of a negotiated settlement

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Deal or no deal?

© Copyright LexisNexis 2026. All Rights Reserved.

Jonathan Herring discusses enforcing

As the family lawyer trudges home after many hours of work his heart is slightly lighter because the day involved a sensible negotiated settlement of a complex case. There were handshakes all round, and although no one was delighted, or even happy, there was a sense of relief that a deal had been struck that was just about acceptable to everyone. But our lawyer’s lightness of heart may be forgotten the next morning when greeted by news that the other side has decided to pull out of the agreement. Inevitably the client will want to know: are they allowed just to pull out of the agreement having shaken hands on it?

Consent orders
Well, yes, is the answer. Until the court makes a consent order, the agreement of the parties is not legally binding. That is why it is sensible to get a consent order made as soon as possible after the agreement has been reached. A judge might be persuaded that if a party pulls out of a negotiated settlement

If you are not a subscriber, subscribe now to read this content

If you are already a subscriber sign in

...or Register for two weeks' free access to subscriber content

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MOVERS & SHAKERS

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

Foot Anstey—five promotions

Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

NEWS

NLJ this week: Divorce ‘nuclear weapon’ freezes assets but entangles outsiders

Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners

NLJ this week: What counts as ‘rent’? Court says labour alone won’t do

A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent

Your magistrates’ court needs you!

Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process

NLJ this week: Freed but failed—justice system leaves the innocent empty-handed

Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’

NLJ this week: Clarity on whistleblowing, settlements and tribunal limits

A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’

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